Newspaper Page Text
KATE HALGLEISH IS A BRIDE,
The Popular Actress Has Become
Mrs. T. C. Miller.
QUIET MiEHUQE AT ST. ANDREW'S.
Alex. Tied the Knot
Only a Few Frlenil Knew tif the
Kient A Wedding Supper The
Grtivni it a Coast HuslneM Man.
Katberine B. Gray ami Thos. C.
Miller were the names on a marriage
license presented to Rev. Alex. Mackintosh
at 4 o'clock "Wednesday afternoon.
The couple were made man
and wife at St. Andrew's Cathedral.
They were accompanied by Mr. and
Mrs. Louis Belniour, of the Dailey
theatrical troupe. The party used two
carriages. After the beautiful Episcopal
ceremony all were driven to the
apartment house opposite the Exec-,
utive Building on King street. Here'
Mr. and Mrs. Miller gave a wedding
supper to a ievr friends. It was a very
pleasant affair. The rooms were almost
filled with flowers and cordial
congratulations were freely offered.
The Katberine B. Gray of the mar
riage license was none other than
MRS. T1IOS. C. MILLER.
Miss Kate Dalgleish, the beautiful
and accomplished young leading lady
of the troupe now at the Hawaiian
Opera House. Thos. C. Miller is a
civil engineer by profession. He is a
,man of means and is best known on
the Coast as a writer. He does not
follow literature as a business, but is
simply fond of it. Mr. Miller is under
thirty and of fine appearance. His acumen
is proven by tne fact that at his
age finances do not bother him and
that he made the monpy himself. His
home is in San Francisco. He and
his wife will return to the Coast so
soon as the Dailey engagement is
ended. They will reside at the Golden
The marriace will be a great sur
prise to all except the bride's immediate
friends. To these it was known
that the engagement was made about
half a year ago. The acquaintance
. dates back nearly two years.
Mrs. Miller is 23 years of age. She
was born in Scotland, but considers
herself a Californian, having lived in
San Francisco since childhood. She
has been on the stage about six years
and lias earned a wide reputation for
ability and conscientious effort. Several
tunes she has stood the test of an
eastern engagement. One season she
was with the Gus. "William's company
leading in the support of that noted
German comedian. In San Francisco
she has gained position both on and
off the stage, being popular socially
and welcomed at the homes of many
prominent neoDle. Mrs. Miller is a
well educated and decidedly handsome
woman of fine figure, graceful, and a
most tasteful dresser. She has a splendid
voice and a winning stage presence.
Mr. Miller is to be congratulated.
He has been an ardent lover,
has been advocating a cable between
Hawaii and the United States. He
studied up onl ong distance thought
transference and having exhausted
his patience, took the Australia for
Honolulu. Some of the local admirers
of Miss Dalgleish will be a bit mad at
the man from San Francisco.
Mrs. Miller will leave the stage for
an indefinite vacation at the close of
her engagement with the Dailey Company.
THE "HELLO" COMBINATION.
Preparations to Place All Under
After January 1st, the only telephone
central office in town will be
at the corner of Merchant and Ala-
kea streets. The Bell will be moved
to the MutuaFs headquarters.
Preparations for the change are
now being made by Manager Aungst
of the Mutual and Manager
of the Bell.
After the consolidation many of
the poles and wiresnow used by
the Bell will disappear from the
streets. This will be particularly
noticeable on King and Beretania
streets. The Mutual will extend
its cables. These contain about
one hundred wires each. "With the
change will come an enlargement
of the'Mutual's offices. The work
has progressed so far that it can be
completed in a very short time. A
number of improvements will be
made in the new plant. Honolulu
will still hold its reputation of having
the best telephone system in
There is considerable speculation
aE to who will be manager of the
enlarged Mutual. Both Messrs.
Cassidy and Aungst are mentioned,
HAWAIIAN GAZETTE: FRIDAY, NOVEMBER 9, 1S94. ,
In the Supreme Court of the Hawaiian
September Tekji. 1S$$.
SAMUEL XOKRIS V. EMILY DE HER-'
BEIDBE JUDD, C. J., BICKEBTOX ASD
WM. FOSTER, ESQ.
On appeal from Circuit Judge Whiting,
(Mr. Foster, a member of the bar,
sat in place of Mr. Justice Frear, disqualified
by reason of his having been
Dlea cf the statute of limitations was
made in an action at law by the present
defendant against tne present piaintut.
The Court hearing tne case did not
pass upon nor decide the defense thus
made and counsel did not support the
plea by argument, nor request the
Court to pass upon it : Held, the omission
to decide upon the plea is no
ground for equitable relief against the
OPINION OF THE COURT BY JUDD, C. J.
This is the second Bill in Equity by
the defendant in a suit at law, to va
cate the judgment against him and to
enjoin its collection.
The bill alleges in substance that in
the suit at law the defense of the statute
of limitations which was pleaded
was inadvertently omitted to be passed
upon by the Justice who heard the
case, the jury being waived, and that
the cause of action was barred by the
statute of limitations of six years and
that the omission aud failure of the
Justice to rule upon and decide the
said issue so made was due to no fault
or negligence of the plaintiff or his
attorney ; that no appeal at law lay
from the said omission or failure of the
said Justice to rule upon or decide the
Issue on the legal ellect of tne statute
of limitations, inasmuch as no ruling
had been made and so no exception
could have been taken.
The bill prays that the judgment be
vacated because barred by the statute
of limitations, and tnat tne collection
of the judgment be enjoined.
The defendant demurred to the bill
as disclosing no equity.
The ground claimed for equitable
relief, is, concisely stated, the omission
of the Justice who heard the case
to pass upon and decide whether the
action at law was barred by the statute
of limitations. The affidavits
show that the Justice did not pass
upon nor decide the issue raised by this
plea, and that counsel of plaintiff (the
defendant at law) did not present nor
argue the question, nor ask of the
Court for a finding upon it.
Tne precise question ueiore us is,
whether a defense of a legal nature,
omitted to be passed upon and decided
by the law Court and not brought to
the notice of the Court, and upon
which no finding was requested, is
good ground for equitable relief.
Pomeroy says it is not. We quote
from 3 l'om. Eq. Jur., Sec. 1361:
"Equity will not restrain a legal action
or judgment, where the contro
versy would be decided by the court
of equity upon a ground equally available
at Taw, unless the party Invoking
the aid of equity can show some
special equitable feature or ground
of relief; and in the case assumed this
special feature or ground must necessarily
be something connected with
the mode of trying and deciding the
legal action, and not with the cause of
action or the defense themselves. It
is not such a special equitable ground
of interference that the party has, by
his own act or omission, failed to effectually
avail himself of a valid defense
at law, nor that the court of law
has decided a question of law or of
fact erroneously. The principle is
well established and is universal in its
application, that when a cause belongs
to the jurisdiction of the law courts.
equity will never interfere to restrain
the prosecution of the action, nor to
stay proceeding on the judgment or
execution, upon any mere legal
grounds, although it may be demonstrated
that the complainant in equity
Cgecerally the defendant at law) had
a valid legal defense, which was not
made available, either through the error
of the court in determining the
law or the facts, or the omissions of
himself or his counsel in presenting it
or in obtaining the evidence by which
it could have been supported."
Note 1 on page 395. "It is imma
terial whether the question or matters
relied upon by the complainant in
equity was considered by the law
court or not. Omission to present or
make out a defense at law is not a
ground for equitable relief."
In Day v. Cummings, 19 Vt. 500, the
Court, per Redfield, J., say: '.'It has
always been held, that any defense,
whicli might be interposed at law to
defeat the recovery, or a portion of it,
must be so interposed, or it is concluded
by the judgment."
In Simpson v. Lord Howden, 14
Eng. Chan. Itepts., 10S, it was held by
Lord Chancellor Cottenham: "That a
party has not effectually availed himself
of a defense, or that a Court of law
has erroneously decided a point of
pure law is no ground, for equitable
In ISO" Lord Eldon said in Ware V.
Horwood, 14 Ves., 31, "Giblett has
had an opportunity of defending himself
at law; and in fact a judgment
was recovered against him; and, I
agree, generally speaking, that a jurisdiction
does not arise here from the
mere circumstance that a party has
omitted to make a proper defense at
InHungerford v. Siegerson, 20 How.,
161, the Supreme Court of the United
States say: "Where a party has failed
to maKe a proper defense at Jaw
through negligence, equity will not
The defense of the statute of limitations
is a legal defense. It was not
passed upon by the trial Court, because
it was not argued and the Court
was not asked to decide It. It is not
necessary to charge counsel with negligence
in not bringing the matter to
the attention of the Court, for counsel
for defendant may not have consid
ered the defense a valid one and so
waived it. It was hot the duty of the
Court to have passed upon it, of its
own motion. The barof the statute of
limitations must be interposed by the
dilligeuce of the debtor and unless
otherwise provided by statute, be
pleaded. It will not be raised by the
Court unsolicited. Wood Lim. of Ac
tions, sec. 7, aud cases cited. "The
plea of the statute of limitations is
generally a personal privilege, and
may be waived by a defendant or asserted
at his election." Id., sec. 41.
In the case before us the plaintiff
(the defendant at law), in nis answer
stated that he relied upon the statute
of limitations Hs did not, however,
call it to the notice of the Court, He
also stated in his answer that he relied
upon fraud, illegality and payment
as defenses and equally did not press
these defenses, nor present any evidence
to prove them. We can come
to no other conclusion than that he
waived all these defenses.
The rule is undoubted that if the
law Court had passed upon the plea
and overruled it, though it was, in the
opinion of a Court of Equity, erroneously
so decided, equity would not relieve.
(Holmes v. State, 2S N. J. Eq.
173.) A fortiori, equity will not relieve
when the defendant omitted to
secure a decision upon his plea.
If the plaintiff had failed to have
the plea passed upon, through negligence
or because he waived it, and
had after decision, asked the law
Court to allow him an exception on
this point as a ground for a new trial,
he would be refused, because he had
not asked the Court to rule upon it;
and an exception to this refusal would
not avail him. Omission to charge
upon any points of law arising in a
case, unless desired or requested, is no
ground for a new trial. Hilliard, X.
T. p. 07 and numerous cases there
cited. The jury was waived in this
case, but we apprehend that the same
rule would apply, inasmuch as the
rulings of the Court on matters of law
In a jury waived case are of the same
geueral nature as the instructions of
the Court to the jury and are subject
The plaintiff had his day in Court
and then and there failed to present
the defense he now oilers. Equity
cannot grant him relief. The only
case cited by the plaintiff bearing
upon the equity of this case is
Manufacturing Co. v. Hamburg-Bremen
Fire In. Co. C2 Fed. Rep.
"Plaintiff brought several actions
against a number of insurance companies
for losses occasioned by the
same fire. The jury found in his favor
in one action, and it was agreed that
the same verdict should be entered in
the other actions. In one of these,
plaintiff had declared on two policies
issued by the same defendant, each
policy being made the subject of a
separate count. By haste and inadvertence,
a verdict was taken on only
one count, the judgment entered thereon
was affirmed, and, the amount
thereof being paid, satisfaction was
entered on the record. The omission
to take judgment on the second count
was not discovered until three years
after, when it was too late to move for
a new trial or to appeal. Held, that
plaintiff's only remedy was in equity,
on the ground of mistake in the verdict
and judgment." The Court held
that the verdict and judgment omitted
the damages on one count through
accident, mistake and inadvertence,
and sustained the jurisdiction in
equity. We have no such allegations
in the bill before us except such as
were previously adjudicated in a former
case between the parties.
We dismiss the appeal and sustain
A. S. Hartwell and F. M. Hatch for
plaintiff; P. Neumann, Carter &
Carter for defendant.
Honolulu, October 2-3, 1S94.
COXCURRIN'O OPINION BY WILLIA3I
I dissented from the decision of the
Court ou the issues presented in this
matter at the last June Term, and
have since seen no reason to change
my opinion: on the contrary, the affidavits
of Mr. Justice Dole, attached to
the record now before us, confirm my
former belief that he did not consider
the question of the statute of limitations.
The sole issue now before this Court
is whether such omission of the Trial
Justice to consider that question is, for
any reason, an equitable ground for
now disturbing the judgment: and I
agree that it is not.
If this Court could now go further,
and find what lapse of time bars a foreign
judgment, it would be more satisfactory
to me to incorporate that finding
in this decision: but the majority
of the Court deem this unnecessary
and inadvisable, and their judgment
Two eons of N. F. Burgess of this
city are studying medicine in San
Francisco. The senior son will
graduate before the year is out.
Soda Water Works Company, Limited
Esplanade, Comer Allen mi Fort Sts.
HOLLISTER & CO.
TLLTJSTHATED TALKS EVERY
I Saturday at 3 p. m , at Viavi office,
King street, by Mrs. C. Gallowav.
C5A5. BRSW5S k GO.'o
Boston Line of Packets.
Shippers will please
notice that the
Leaves New York on or aboat DEC.
15 for this port, if sufficient inducement
3?"For further information, apply to
Chas. Brewer i: Co., 27 Kiibj St , Boston,
3I&S3., or to
C. BREWER & CO. (L'D.),
AUTY AND PURITY
Go Innd in hand.
They are the foundation of
health ar.d happiness;
Health because of pure
Happiness because of clear
Thousands of useful lives
have been embittered by
torturing, disfiguring humors.
tTN&J t"v r . 1 '
V -Sam f
i v i i it r ii
t :3". iyv',Mf
y Wfclir Tr ''1
Are the greatest of skin purifiers
As well as blood purifiers.
Because of their peculiar action on the PORES-
They are successful in preventing and curing all forms of
Skin, Scalp, and Blood humors,
When the best physicians fail.
Pure, sweet, gentle, and speedily effective,
They especially appeal to mothers and children.
Their use at all seasons insures a clear skin and pure blood,
As well as sound bodily health.
Sluggish action of the ports also causes the complexion
and skin to become dark, yellow, oily, and
mothy, giving rise to pimples, blackheads, roughness, h
redness, falling hair, and facial blemishes. The only J
reliable preventive is Cuticura Soap, the roost effec
tlve skin purifying and beautifying soap in the world, as
'I well as the purest and sweetest for toilet and nursery.
CUTICURA REMEDIES are sold throughout the world. Price, CUTICURA
RESOLVENT, Sx; CUTICURA, 50c.; SOAP, :5c. BENSON SMITH & CO,
Honolulu, H. I.
p "All about the Skin aad Blood,' 72 pages, too testimonials,
JUST RECEIVED A NEW LINE OF
FURNITUEE and UPHOLSTERY
-OF THE LATEST PATTERN8 IN
Bedroom Sets, Wicker Ware,
Cheffoniers and Chairs
TO SUIT ALL AT THE LOWEST PRICES; ALSO, ALL KINDS OF MANUFACTURING
DONE IN FURNITURE, BEDDING AND
UPHOLSTERING, AND BEST QUALITY OF
LIVE GEESE FEATHERS, HAIR, MOSS AND EXCELSIOR
ON HAND; ALSO THE LATEST PATTERNS OF WICKER WARE
IN SETS OR SINGLE PIECES.
fiGTSpecial orders for Wicker Ware or all kinds of Furniture to anil
at low prices.
JU0"A11 orders from the other islands will receive oar prompt attention
Farniture will be well packed and goods sold at San Francisco prices.
J. EJOIPIP &d CO.,
7 4 King Street
Aad tea tfut Men Jar beari Bron Liebig'j Signature
in ama ui acroij us lADei.
To b hid of lU Storekeepers ui Dealers throughout Iodli.
'Cookery Books Post Free on Application to the
FINEST AND CHEAPEST
STOCK FOR SOUPS,
HADE DISHES AND SAUCES.
Invaluable for India ai
an Efficient Tonic In all
cases of Weakness.
Keeps food In the hottest
Climates, and for any
length of time.
LIEBIG'S EXTRACT OF MEAT Co., Limited, Fenchnrch AYenne, London, EafluhL
are just in receipt of larpe importations by
their Iron Barks "Paul Iwnberg" and
. j. iraoRer" irom .nropc and by
a number of TesseU from Amer-,
ica consisting of
A Large anfl Complete Assortment
Ginghams, Cottons, Shbetint.
Denims, TickinRS, Uecattas. DriUi
Mosquito Netting, Curtains, Lawns.
a rets SKUxmos or
DRESS GOODS, ZEPHYRS, ETCJ
in the latest styles.
A splendid line of FLANNELS, black and
colored MERINOS and CASHMEBES.
SATLNS, VELTETS and PLUSHES!
a full assortment,
Silesias, Sleevelinincs, Stifflinen,
Italian Cloth, Moleskins, Meltons,
Serge, Kammgaras Ac.,ic, Jbc,
Clothing, Underwear, Shawls,
Blankets, Quilts, Towels, Tablecovers.
Napkins, Handkerchiefs, GloTes,
Hosiery, Hats, Umbrellas,
Bugs and Carpets,
ltibbons, Laces and Emboidery,
Cutlery, Perfumery and Soaps,
tc, 4c. itc, 4e., io.
A large variety of
Vienna and Iron Garden Furniture,
Bechstein & Seller Pianos,
, Iron Bedsteads, Ac
American and European Groceries,
Liquors, Beers and Mineral Waters.
Oils and Paints, Caustio Soda,
Sugar, Bico and Cabbages,
Sail Twine and Wrapping Twice.
Vapping Paper, Burlaps,
Square and Arch Firebricks,
,,. . . , Lubricating Grease
bheet Zmo, Sheet Lead.
Plain GalT. Iron Beat and 3 Best,
c. 1 1, -, ,o
Bails, 18 aud 20.
B. B. Bolts, Spikes and Fishplates,
I'- Steel Sleepers.
Demijohns and Corks, Ac
Hawaiian Su-ar and RJc8,
Golden Gate. Diamond, Sperry's.
Merchant's and Eldorado Ft jur,
Salmon, Corned Beef.
io., la, Ac, 4c.
HT" For sale on the most liberal term
and at lowest prices.
H. HACiFELD & CO.
NEAR CUSTOM HOUSE. HONOLULU
Imported and Doalor In
AND EVERY UNE OE
Ialandtordera faltarallr nlled it tHia
able prices, in qcantltlee to sott.
P.O. BOX 118.
JtUT. TEL. 5W
Castle & Cooke,
LIFE AND FIRE
NEW ENGLAND MUTUAL
Life Insurance Company
Una Fire Itsurance Company
fen a Man (feeds Meat
HE BUYS IT!
When a man needs Hay and Grain,
he don't haye to hunt.
Does the the hunting and fnn.iah
We hunt for the market. Freeh
supply just arrived ex S.G. Wilder.
OfSce : Corner Naaann